Real Property Lease Defaults, Terminations and Recoveries

Rose Law Group has a dedicated group of lawyers who are devoted to serving the lease enforcement needs of commercial landlords. A specific strategy is developed for each lease default commensurate with the profile of the tenant, the guarantors (if any) and the square footage involved. Sometimes the lease will be terminated and sometimes the lease will be kept in force and effect without terminating the lease but with each subsequently accruing monthly rental installment being added to the amount of the judgment,

Besides litigation involving tenant breaches of leases and non-payment issues, critical disputes regarding CAM charges and prorations of CAM charges based on square footage are within the scope of the firm’s representation of landlord interests as well as issues related to alterations of the premises, failures to maintain and repair and failures to restore the premises at lease end.

Lease assignments which impact adversely upon use restrictions and  issues relating to co-tenancy clauses are also within the scope of the firm’s services to the commercial landlord community.

Tenant bankruptcy reorganizations require that commercial landlords be proactive to protect their rights. This includes motions to compel payment of post-petition administrative rent, motions to compel the debtors to accept or reject the executory lease contracts and negotiating protective terms when debtor tenants are  seeking to sell their leaseholds pursuant to Section 363 of the Bankruptcy Code. Proofs of claims for damages  based upon the rejection of long term leases pursuant to the formula set forth in Section 502(b)(6) of the Bankruptcy Code.

Suits and post-judgment collection efforts against lease guarantors are also within the range of services the firm offers to commercial landlords.

Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in real property lease enforcement litigation and claims. These credentials include, but are not limited to, Certified Business Bankruptcy Specialist, American Board of Certification; Certified Creditors’ Rights Specialist, American Board of Certification; and Certified Bankruptcy Specialist, State Bar of Arizona Board of Legal Specialization.

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In The News

Mercado Courtyards, with essential worker program, approved by Scottsdale development board; Rose Law Group Co-founder Court Rich makes the case

(Disclosure: Rose Law Group represents Caliber.) By J. Graber | Scottsdale Progress Two complexes that would bring a combined 492 apartments to an area near the intersection of 92nd Street and Shea Boulevard have won their first round of city approvals. The Scottsdale Development Review Board voted Nov. 3 to recommend City Council and City Planning Commission approval of the

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Chandler tables ordinance aimed at data center developers after Rose Law Group Senior Partner and Real Estate Transactions Department Chair, Cameron Carter, addresses city council

(Disclosure: Rose Law Group represents Aligned Data Centers.) By Ron Davis | Phoenix Business Journal After hearing from a data center developer’s lawyer, Chandler City Council postponed action until next month on an ordinance that would add noise and other requirements for data centers within the city. The decision came after Cameron Carter, an attorney with Rose Law Group who

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Paradise Valley Town Council takes first blush look at Scottsdale Plaza Resort revitalization proposal

(Disclosure: Rose Law Group represents Highgate.) By Terrance Thornton | Digital Free Press Thursday, Oct. 13 marks the beginning of a new chapter for the legacy resort property at the edge of the Town of Paradise Valley along Scottsdale Road as the destination is destined for a rebirth as development plans have formally been submitted at Town Hall. The Scottsdale Plaza Resort, 7200 N.

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